The Madhya Pradesh High Court imposed a cost of Rs.25,000/- on the petitioner and dismissed a Public Interest Litigation (PIL) filed seeking direction to the respondents to distribute the 126 Essential Drugs List (EDL) drugs in 10226 UP Swasthya Kendra in Madhya Pradesh by Pharmacist as per section 42 of Pharmacy Act, 1948.
The PIL filed by State Pharmacist Association (MP) further seeks direction to restrain the respondents to distribute the 126 EDL drugs by 10226 UP Swasthya Kendra in Madhya Pradesh without Pharmacist as per section 42 of Pharmacy Act, 1948.
On considering the same, the Division Bench of Chief Justice Ravi Malimath and Justice Vishal Mishrait noted that assuming that the petition is allowed, the only persons who get benefits are Pharmacists, who are the members of the petitioner-association.
Therefore, it cannot be said to be in public interest. It would appear that the petition has been filed only for the purposes of gaining some advantage so far as the petitioner-association of Pharmacists is concerned , the bench held.
The Court did not find public interest involved in this petition.
The provisions of public interest litigation appear to have been misused in order to seek a relief only for the petitioner when no member of the public would benefit by this petition. Even the resolution of the Association produced would clearly indicate that the public interest litigation has been filed only to protect the interest of the petitioner. For this reason, the petition is dismissed by imposing a cost of Rs.25,000/- on the petitioner to be paid with the M.P. High Court Employees Association, Jabalpur , the Court ordered.